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Periodical article | Leiden University catalogue | WorldCat |
Title: | Lesotho's African marriage is not a 'customary union' |
Author: | Maqutu, W.C.M. |
Year: | 1983 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 16 |
Issue: | 3 |
Pages: | 374-382 |
Language: | English |
Geographic term: | Lesotho |
Subjects: | reception of foreign law customary law family law marriage law |
Abstract: | In Lesotho African marriage has had to co-exist with the civil or christian marriage imported into Southern Africa by European missionaries and settlers. This has caused confusion e.g. in judicial decisions concluding that a man married by custom can validly marry another wife by civil rights and live happily ever after with all these women as wives. The African marriage is potentially polygamous whil the civil or christian marriage is strictly monogamous. In the interpretation of this dualism, reliance was placed on the Republic of South Africa, as both Lesotho and South Africa shared the Roman-Dutch civil law and applied African custom to Africans. In Lesotho there is no reported case where South African decisions have been departed from. Basing itself on South African authorities, the Lesotho Court of Appeal regarded the marriage laws of both countries as identical while in fact they differ in certain respects. It is to these differences that the author draws attention through analysing several judgements in marriage cases. Notes. |